Embezzle others public number picture propaganda constitutes tort to need compensation
In June 2015, a training center published an article for swimming recruitment on its wechat official account. The article was accompanied by two pictures of swimming teaching by coaches and graduation photos of students, with the words “Training Center” at the bottom right of the picture.In June 2020, Lu published a swimming recruitment article in the wechat public account. The two pictures used in the article are consistent with the number of personnel, actions and background of the pictures published by the training center. Only the banner part, the words “training center” and the coach’s head are changed, matted and watermarked.The training center thinks lu mou uses the picture without the permission already to constitute infringement, Sue request Lu Mou to stop infringement and compensate for the loss 40 thousand yuan.Recently, pengjiang District People’s Court in Jiangmen city, Guangdong Province, tried and pronounced the case according to law.After hearing the court believes that the training center will be involved in the picture after taking pictures published, enjoy the copyright of the picture involved in the case, but Lu used without permission.By comparison, the pictures used by Lu are substantially similar to those of the training center. Lu’s behavior infringes on the training center’s right to copy the photography works involved and the right to disseminate information through the network. Therefore, lu should bear the civil liability of stopping the infringement and compensating for the loss according to law.In the end, the court decided the defendant Lu mou to immediately stop the infringement, stop using the infringing works involved in the case, and compensate for the economic loss of 8000 yuan to the training center.The judge said the development of the Internet has brought great convenience to people’s life, but also enabled infringement activities to expand from offline to online.Based on the characteristics of immediacy and concealment of Internet infringement, the infringement situation is faster, the consequences are more serious and the scope of infringement is wider.In this case, Lu mou without the permission of the training center, unauthorized appropriation of the training center public number picture, and for its use for publicity, its behavior has constituted copyright infringement, need to bear the corresponding civil liability.The judge warned the general public and operators, in the business process to strengthen the awareness of intellectual property protection, in the external publicity, put an end to the direct use of others with intellectual property works without permission, such as the need to use the right to obtain permission, and pay licensing fees, to avoid being sued for infringement and be judged compensation.